The ODISHA HINDU RELIGIOUS ENDOWMENTS ACT, 1951

odisha · 1952

The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.

S. 1Omitted vide O
S. 2Inserted vide Odisha Act No
S. 3Section 3 defines key terms used in the Odisha Hindu Religious Endowments Act, 1951, including Assistant Commissioner, Commissioner, Collector, Hereditary Trustee, Math, and non-Hereditary Trustee.
S. 4Section 4 authorizes the Assistant Commissioner to appoint non-hereditary trustees for religious institutions, excluding mathas, with State Government approval.
S. 5Section 5 ensures authorities can act on religious institutions without formal proceedings if they determine the institution qualifies.
S. 6Section 6 outlines the careful process for granting permission for the alienation of lands belonging to public religious endowments, emphasizing the Commissioner's role in ensuring transfers benefit the religious institution.
S. 7Section 7 outlines the criteria for proving hereditary trusteeship in Hindu religious endowments in Odisha.
S. 8Section 8 distinguishes between de-jure and de-facto trustees in Hindu religious endowments, defining their roles and liabilities.
S. 9Section 9 determines that public usage and acceptance are key factors in establishing a deity's status as public.
S. 10R
S. 11Section 11 of the Odisha Hindu Religious Endowments Act, 1951, places the burden of proof on the plaintiff to establish the mahanta's ownership of sold properties.
S. 12Section 12 of the Odisha Hindu Religious Endowments Act, 1951, regulates the registration of documents for transfers of endowment properties, requiring prior sanction from the Commissioner.
S. 13Section 13 determines if temples run by registered societies can be public temples, not just for society members.
S. 14Section 14 mandates trustees to manage religious institution funds prudently and prohibits using them for personal legal costs unless permitted.
S. 15Section 15 mandates the preparation and maintenance of a detailed register for every religious institution, listing trustees, endowments, administration, and assets.
S. 16Section 16 mandates annual verification and updating of the endowments register by trustees or agents, with Commissioner approval.
S. 17Trustee to furnish accounts, returns, etc
S. 18Section 18 allows inspectors to review religious institution property and documents, and regulates leases of trust property to five years.
S. 19Section 19 allows appeals to the State Government against Commissioner's orders on property alienation.
S. 20Section 20 allows a trustee to spend endowment funds on pilgrims' and worshippers' health, safety, and convenience after meeting the institution's primary purposes.
S. 21Section 21 allows trustees to enforce service or charity payments from property holders and outlines appeal processes against Assistant Commissioner orders.
S. 22Section 22 grants the Math or Temple trustee authority over specific endowment trustees to ensure services or charities comply with his orders.
S. 23—
S. 24Section 24 allows resumption and re-grant of inams for charity or temple services if they are alienated or not performed.
S. 25—
S. 26Section 26 governs religious institutions other than specific endowments and their attached properties under the Odisha Hindu Religious Endowments Act, 1951.
S. 27The Assistant Commissioner can appoint non-hereditary trustees with State Government approval when no hereditary trustees exist.
S. 28Section 28 allows appeals to the Commissioner and High Court against specific orders of the Assistant Commissioner.
S. 30Section 30 states that the next heir in line automatically succeeds to the hereditary trustee position when it becomes vacant.
S. 31Section 31 of the Odisha Hindu Religious Endowments Act, 1951 governs the appointment of office-holders and servants in religious institutions, outlining procedures for filling vacancies and resolving disputes.
S. 32Section 32 empowers trustees to fine, suspend, or dismiss religious institution officials for misconduct, with penalties paid to the Endowment Fund.
S. 33Section 33 restricts temple office-holders and servants from possessing temple jewels or valuables except under conditions set by the Commissioner.
S. 34Section 34 outlines the process for Trustees to propose and approve expenditure scales for religious institutions.
S. 35Section 35 disqualifies hereditary Trustees of a Math for various reasons including mental incapacity, moral offenses, and breach of trust.
S. 36Section 36 of the Odisha Hindu Religious Endowments Act, 1951 outlines the Commissioner's authority to fill vacancies in Math Trustee offices and manage disputes until a resolution is reached.
S. 37Section 37 allows trustees to propose expenditure scales for religious institutions and invites public suggestions.
S. 38—
S. 39Section 39 outlines the process for appointing successors by hereditary Trustees and the role of the Commissioner in succession matters.
S. 40—
S. 41Section 41 grants the Assistant Commissioner authority to resolve disputes regarding religious institutions, endowments, and trusteeship.
S. 42Section 42 empowers officials to frame schemes for the administration of religious institutions, especially when deemed necessary for proper management.
S. 43Section 43 allows the Assistant Commissioner to redirect surplus funds from religious institutions to educational or charitable purposes if the original purpose is no longer feasible.
S. 44Section 44 allows aggrieved parties to appeal certain orders to the Commissioner within 30 days.
S. 45—
S. 52Section 52 appoints a Hindu salaried Executive Officer for institutions under state control, with salary paid from religious institution funds.
S. 53Section 53 outlines the term and duties of the Executive Officer under the Odisha Hindu Religious Endowments Act, 1951.
S. 54The Commissioner can suspend, remove, or dismiss the Executive Officer for good and sufficient reasons.
S. 55Section 55 directs the Executive Officer to propose a standard expenditure scale for the institution's various objects and ceremonies.
S. 56Section 56 outlines the supervisory and control roles of the Collector, Assistant Commissioner, and Endowment Commissioner over the Executive Officer.
S. 57Section 57 mandates trustees to submit annual budgets to the Assistant Commissioner for religious institutions' upcoming financial year.
S. 58Section 58 mandates trustees to maintain accounts and audit them annually or alternatively, as directed by the Commissioner.
S. 59Section 59 mandates the auditor to submit the audit report to the Commissioner and a copy to the Assistant Commissioner.
S. 60Section 60 mandates the auditor to detail any irregularities, illegalities, or misconduct in the financial management of the Hindu religious endowments in Odisha.
S. 61Section 61 mandates the Commissioner to notify Trustees of audit findings and requires them to correct identified issues and report back to the Assistant Commissioner.
S. 62Section 62 establishes the Odisha Hindu Religious Endowments Administration Fund to be managed by the administration.
S. 65Section 65 outlines the assessment, objection process, and recovery of contributions and expenses for Odisha Hindu religious endowments.
S. 66Section 66 prohibits the Commissioner from levying contributions for more than six years before the notice of assessment year.
S. 67Section 67 mandates public officers to provide copies or extracts of relevant documents related to religious institutions.
S. 68Section 68 directs the Assistant Commissioner to ensure possession of religious endowments to appointed trustees or officers, using necessary force if needed.
S. 69Section 69 outlines the court's notice and cost procedures for lawsuits involving temple or religious endowment properties.
S. 70Section 70 penalizes trustees for non-compliance with administrative and reporting requirements of religious institutions.
S. 71Section 71 specifies court fees for documents and preserves established religious customs and rights under Article 26 of the Constitution.
S. 73Section 73 prohibits legal proceedings in courts regarding religious institution administration unless under this Act.
S. 75Notifications, orders, etc
S. 76Section 76 grants the State Government authority to create rules for implementing the Odisha Hindu Religious Endowments Act, 1951.
S. 77Section 77 allows the Commissioner to provide certified copies of records on payment of fees.
S. 78Section 78 transfers pending suits under the 1939 Act to Sub-ordinate Judges' Courts upon the 1951 Act's commencement.
S. 79Section 79 repeals the 1939 Act and ensures continuity of its rules, proceedings, and costs under the 1951 Act.
S. 80Section 80 allows the State Government to issue orders to resolve any difficulties in implementing the Act's provisions.
S. 565Section 565 determines whether an institution is a matha or temple, and outlines duties of authorities and distinctions between private and public trusts.
S. 1955Though the deity being a public one duly managed by a Trust Board